Wilcox Trux, Inc. v. Rosenberger

Action on promissory notes by a holder not in due course, wherein the maker defends upon the grounds of fraud of the payee and a rescission because of such fraud. After verdict for defendant, plaintiff moved for judgment notwithstanding or for a new trial, and appeals from the order denying that motion.

The notes are two in number, one for $1,000 and one for $1,500, and represent the subscription price of stock in a corporation which has since become insolvent; has gone through a receivership and a reorganization, resulting in the taking over of its assets and business by plaintiff, which by…